Photo: 123RF
A mother undergoing chemotherapy and caring for four young children had to endure a mouldy Rotorua rental despite repeated requests for a fix.
The Tenancy Tribunal has now ordered her landlord - Visions of a Helping Hand Charitable Trust - to pay $2600 for that and other problems it failed to resolve.
In a decision on the Western Heights property, the tribunal found the landlord intentionally breached their obligations "as the tenant repeatedly raised issues from the outset of this tenancy which were not followed up".
"The mould problem was a serious issue, particularly as the tenant is a young mother with four young children and she was undergoing chemotherapy treatment at the time," the tribunal's decision said.
The ruling said the tenancy started in November 2020 and ended in July this year after the tenant gave notice.
She claimed the landlord had breached their obligations and sought damages of $2160 and compensation of $480 for mental distress.
The $480 award, equivalent to a week's rent, was for the "stress, inconvenience, and anxiety the tenant had to endure as her repeated requests to investigate the course of the mould and other breaches fell on deaf ears", the tribunal's decision said.
The landlord of the Rotorua property is Visions of a Helping Hand Charitable Trust, which said major changes had been put in place and "lessons learned" (file photo). Photo: 123RF
It said the landlord admitted "they have been lacking in their obligations during this tenancy".
"They accept that the tenant had to endure mouldy conditions in the bathroom and main bedroom and there was a list of minor defects (such as broken or defective door handles, window latches and a light switch) which took too long to repair or were not repaired at all.
"I find they have committed an unlawful act. The landlord acknowledges that the mould in the bedroom is likely from the leak in the adjoining bathroom which has gone through to the subfloor," the decision said.
The landlord did send workers toward the end of the tenancy to investigate the roof, but the problem of mould and water pooling in the bathroom persisted.
"The tenant reported her concerns and more should have been done.
"The landlord has confirmed that similar complaints were raised by the new tenants and the flooring has now been repaired and all affected areas treated for mould and re-painted."
The decision also recorded the landlord's evidence that its business had grown and the tenant had "multiple property owners with no continuity".
The landlord said major changes had been put in place and "lessons learned", the decision said.
"Unfortunately, it has been too little too late for this tenant and her family."
* This story originally appeared on Stuff.
